An inherent conflict of interest: councils as developer and regulator

This is a special report presented to Parliament under s 31 of the Ombudsman Act 1974.

It concerns the management of conflicts of interest that arise when councils are the owner or proponent of their own developments, are also the consent authority for that development, or otherwise have regulatory responsibilities involving compliance and enforcement.

The report also incorporates (at Annexure B) a report by the former Ombudsman, Michael Barnes, of an investigation we completed in December 2019 into Broken Hill City Council’s (BHCC) improper use of an incompletely refurbished Civic Centre, which led to the examination of the broader systemic issue of conflict in councils’ roles that is the subject of this special report.